[2025] KEHC 7615 (KLR)
The High Court determined that the Maseno Law Courts did not have the most appropriate geographical jurisdiction for the succession cause. In consideration of the constitutional imperative of access to justice under Article 48 of the Constitution and the statutory power under section 18 of the Civil Procedure Act,...
Source-derived case information.
- Citation
- [2025] KEHC 7615 (KLR)
- Parties
- Applicant: Vitalis Okaka Awino (Deceased)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Application 163 of 2025
- Procedural Posture
- Miscellaneous Succession Application / Ruling on Transfer of Proceedings
- Outcome
- Application for transfer of proceedings allowed; file transferred to Kombewa Law Courts.
- Judges
- A Mabeya
- Legal Topics
- Transfer of Proceedings, Jurisdiction of Courts, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vitalis Okaka Awino (Deceased)
Applicant
Procedural Posture
Miscellaneous Succession Application / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the Maseno Law Courts have proper geographical jurisdiction over the succession cause.
- 2 Whether the matter should be transferred to Kombewa Law Courts to facilitate access to justice.
Ratio Decidendi
The High Court determined that the Maseno Law Courts did not have the most appropriate geographical jurisdiction for the succession cause. In consideration of the constitutional imperative of access to justice under Article 48 of the Constitution and the statutory power under section 18 of the Civil Procedure Act, the Court exercised its discretion to transfer the matter to Kombewa Law Courts. The transfer was deemed necessary to ensure that the parties could access justice efficiently and conveniently. The Court ordered the withdrawal of the file from Maseno Law Courts and its transfer to Kombewa Law Courts for hearing and determination, with a mention date set for further directions.
Court Disposition
Application for transfer of proceedings allowed; file transferred to Kombewa Law Courts.
Orders
- The file is withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination.
- Parties to be notified of the transfer.
Full Case Text
Judgment text and source record
15 paragraphs
In re Estate of Vitalis Okaka Awino (Deceased) (Miscellaneous Succession Application 163 of 2025) [2025] KEHC 7615 (KLR) (4 June 2025) (Ruling)
Neutral citation: [2025] KEHC 7615 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Succession Application 163 of 2025
A Mabeya, J
June 4, 2025
IN THE MATTER OF THE ESTATE OF VITALIS OKAKA AWINO (DECEASED)
(From Original Maseno Senior Principal Magistrate Succession Cause No. E187 of 2024)
Ruling
1. I have considered the geographical jurisdiction of the Magistrate’s Courts of Maseno and Kombewa. I have also considered the constitutional imperative of access to justice under Article 48 of the Constitution of Kenya.
2. In the exercise of the jurisdiction of this Court under section 18 of the Civil Procedure Act, Cap 21 Laws of Kenya, this file is hereby withdrawn from Maseno Law Courts and transferred to Kombewa Law Courts for hearing and determination. The parties be notified.
3. Mention on 10/6/2025 before the Head of Station, Kombewa Law Courts for further directions.
4. This file is marked as closed.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 4TH DAY OF JUNE, 2025. A. MABEYA, FCI, ArbJUDGE.